Andres GONZALEZ; Apolonia Gonzalez, Petitioners, v. William P. BARR, Attorney General, Respondent.
Decided: October 21, 2019
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Guadalupe T. Garcia, Attorney, Law Offices of Guadalupe T. Garcia, West Covina, CA, for Petitioners Corey Leigh Farrell, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent
Andres Gonzalez and Apolonia Gonzalez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for review.
The BIA did not err by not addressing petitioners’ request for equitable tolling of the time and number limitations. Petitioners’ request was not based on a recognized ground for tolling, such as fraud, deception, or error. See id. at 582 (time and numerical deadlines may be equitably tolled during periods when a petitioner is prevented from filing because of “deception, fraud, or error”).
PETITION FOR REVIEW DENIED.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.